On Jan.19, the Hopi Tribe filed a complaint in the United States Court of Federal Claims seeking damages as a result of high levels of arsenic in the drinking water supply for the eastern part of the Hopi Reservation. When the Hopi Reservation was established, the United States committed to providing water sufficient to achieve its purpose as a permanent homeland for the Hopi Tribe. A sufficient water supply means there must be both a sufficient quantity and quality of water. The current water supply serving the communities at First Mesa and Second Mesa on the Reservation contains levels of arsenic that exceed, sometimes by more than four times, the levels set by the Federal drinking water regulations. Arsenic is a known carcinogen which can have serious health effects. The federal government has known about the serious risks posed by the excess arsenic levels on the Reservation for many years.
The Hopi Tribe incurs money damages as a result of the United States’ failure to provide adequate water for the Hopi Tribe. According to Hopi Water Resources Program Director, Lionel Puhuyesva, “Safe drinking water can be provided for the Hopi Tribe for many years to come but can only be delivered to the communities in need at a substantial cost.”
The need for sufficient water supplies for a permanent homeland for the Hopi Tribe is a fundamental component of the establishment of the Reservation and the trust relationship between the Hopi Tribe and the United States. The United States’ failure to provide sufficient water violates Federal law and the trust responsibilities of the United States. Pursuant to the Indian Tucker Act, the Hopi Tribe has filed a lawsuit to recover money damages to compensate the Tribe for the costs of a new water supply that meets the requirements of the federal drinking water regulations, as well as other related damages.